Common use of Performance of Obligations of Newco Clause in Contracts

Performance of Obligations of Newco. Newco shall have performed or complied in all material respects with all obligations, agreements or covenants required to be performed by them under this Agreement at or prior to the Closing Date (disregarding any qualifications of any such obligation, agreement or covenant relating to materiality) and the Company shall have received a certificate signed on behalf of Newco by an executive officer of Newco to such effect.

Performance of Obligations of Newco. Newco shall have performed or complied in ----------------------------------- all material respects with all obligations, agreements or covenants obligations required to be performed by them it under this Agreement at or prior to the Closing Date (disregarding any qualifications of any such obligation, agreement or covenant relating to materiality) and the Date. The Company shall have received a certificate signed on behalf of Newco by an executive officer of Newco its Chief Executive Officer or the Chief Financial Officer to such the foregoing effect.

Performance of Obligations of Newco. Newco shall have performed or complied in all material respects with all obligations, agreements or covenants required to be performed by them it under this Agreement at or prior to the Closing Date (disregarding any qualifications of any such obligation, agreement or covenant relating to materiality) and the Company shall have received a certificate signed on behalf of Newco Parent by an executive officer of Newco Parent to such effect.

Performance of Obligations of Newco. Newco shall have performed or ----------------------------------- complied in all material respects with all obligations, agreements or obligations and covenants required by this Agreement to be performed or complied with by them under this Agreement at or prior to Newco by the Closing Date (disregarding any qualifications time of any such obligationthe Closing, agreement or covenant relating to materiality) and the Company Corporation shall have received a certificate signed on behalf of Newco by an executive authorized officer of Newco to such effecteffect (it being understood that Newco shall not have been deemed to have complied in all material respects if it has not paid the Cash Merger Price and the Preferred Merger Price in full).